A new California law protects lactating women in the work place from discrimination. FILE: CHITOSE SUZUKI, ASSOCIATED PRESS

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A patient at Mission Women's Wellness Center in Mission Viejo is helped by mammogram tech during her first mammogram. Starting July 1, health insurers must pay for mammograms regardless of a patient's age. FILE: CINDY YAMANAKA, ORANGE COUNTY REGISTER

AB40 resolves a longstanding conflict between state and federal laws related to elder-abuse reports, according to the office of Assemblywoman Mariko Yamada, the Northern California Democrat who authored the bill. The law took effect Jan. 1.

When elder abuse occurs in a nursing home, employees are required by law to file a report with the police or the long-term care ombudsman. When reports go to the ombudsman, strict federal confidentiality rules prevent the ombudsman from sending the report to law enforcement for a criminal investigation. The new law requires long-term care facilities to report suspected abuse that results in serious injury within two hours to police.

Kerry Burnight, a UC Irvine gerontologist, said it's unknown how often elder abuse occurs within nursing homes. In Orange County, 28,000 older adults live in long-term care facilities. In private residences, 800 elder abuse complaints are made each month, she said.

"Dementia is the greatest risk factor of elder abuse," Burnight said. "It's really important to listen to older adults; even with dementia, if they express fear or concern, to dig into it more."

Burnight said abuse can occur because some people with cognitive impairment may be resistant to care. They can also be perceived as "less than."

"We see elder abuse in multimillion-dollar homes in Newport and in the most expensive facilities," Burnight said. "It's really across the board of economic strata and all ethnicities."

BREAST-FEEDING

Previous law allows working mothers a reasonable amount of break time to pump breast milk. Additionally, employers must make a reasonable effort to provide a private place other than a toilet stall.

But AB2386, which took effect Jan. 1, forbids employers from discriminating against or harassing an employee due to breast-feeding.

Todd Scherwin, an Irvine labor lawyer, said state law forbids an employer to discriminate on the basis of sex, which includes gender, pregnancy and childbirth. The law expands the definition of "sex" to include breast-feeding.

Scherwin said the change in law was triggered by a 2009 case where a cashier at a Los Angeles taqueria was fired for nursing her premature infant during her lunch break. The Fair Employment and Housing Commission found that she experienced discrimination on the basis of her sex. The employer was fined and ordered to pay her back wages.

"I think employers just need to be more cognizant of making sure they're allowing proper space and proper time and whether it's conscious or subconscious, they're not doing anything that would be seen as retaliation or discrimination against a mother who returns to work and needs that time to breast-feed or pump," Scherwin said.

MAMMOGRAMS

Health plans were already required to cover mammograms, but AB137 removes age guidelines and calls for insurers to provide policyholders with information on when they should be screened for breast cancer.

The law goes into effect July 1.

Lisa Wolter, executive director of Orange County's affiliate of Susan G. Komen for the Cure, said some women under 40 with health insurance have been unable to get mammograms. The American Cancer Society recommends that women begin getting an annual mammogram at 40.

Wolter said in some cases Komen has paid for mammograms for those younger women with high risk or a family history of breast cancer even though they were insured.

"It's difficult for them to get a mammogram approved under their insurance," she said. "The benefit of this law is that rather than defining this by age, it defines it by need as determined by their medical provider."

She also praised the provision in the law that requires health plans to reach out to women about breast cancer screenings either by letters, phone calls or information in a newsletter.

"We do like that it does require education on the recommended timeline," she said. "Anything that will remind a woman that this is an important part of her health care."

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